Terms of service

General Terms and Conditions of Bolivianita.com

§ 1 General and Scope

1. All business relationships between the online shop Bolivianita.de operated by Susana de Peters, Comenius Square 5, 22087 Hamburg, Email: info@bolivianita.de (hereinafter also referred to as Bolivianita.de) and its customer (hereinafter also referred to as the purchaser) are exclusively subject to the following General Terms and Conditions in their version valid at the time of the order.

2. Deviating terms and conditions of the buyer are not recognized by Bolivianita.de, unless Bolivianita.de has expressly agreed to their validity.

§ 2 Order and Conclusion of Contract:

The customer's order constitutes an offer to Bolivianita.de for the conclusion of a purchase contract. Bolivianita.de will inform the customer of the receipt of their order via email (order confirmation). The order confirmation does not constitute acceptance of the offer by Bolivianita.de. The purchase contract is concluded with the acceptance of the offer by Bolivianita.de. Acceptance occurs through a shipping confirmation sent via email or through the delivery of the goods. Bolivianita.de can accept the offer within 3-5 days of receipt of the customer's offer.
Bolivianita.de accepts no liability for transmission errors in the email order. The contract data is not fully stored by Bolivianita.de in the form of the order confirmation. Upon request, Bolivianita.de can resend the order confirmation to the customer via email.


§ 3 Preise:

1. The prices at the time of the order apply. This does not apply to errors, incorrectly recorded products, and product images.
2. According to § 19 UStG, the invoice amount does not include VAT.
3. The buyer is additionally responsible for the shipping costs of the ordered goods in accordance with our shipping conditions valid at the time of the order.
4. The sale of the offered items is only in household quantities and only while supplies last.

§ 4 Delivery and Delivery Conditions:

1. Deliveries are made in accordance with the shipping conditions applicable at the time of the order to the delivery address specified by the customer.
2. A self-collection by the customer is not possible.
3. Bolivianita.de is entitled to partial deliveries to a reasonable extent. The customer only has to bear the shipping costs that would have been incurred in the case of the total delivery of the ordered goods.
4. If the buyer is in default of acceptance or culpably violates other cooperation obligations, Bolivianita.de is entitled to demand compensation for the damage incurred and arising from this, including any additional expenses. Further claims remain reserved.
5. The risk of accidental loss or accidental deterioration of the purchased item passes to the buyer at the time when the buyer is in default of acceptance.
6. For detailed information on packaging and shipping costs, please refer to the delivery and payment offers of the respective online portal.

§ 5 Retention of Title:

The delivered goods remain the property of Bolivianita.de until the full payment of the purchase price is made.

§ 6 Payment Terms:

1. The purchase price is due for payment upon acceptance of the order by Bolivianita.de.
2. Payment is made in accordance with the payment terms valid at the time of the order.
The payment methods currently defined as standard for shipping can be found by the customer here under the note "Payment Methods".
3. The payment methods available to the customer are based on the results of a credit check conducted in accordance with legal regulations using customer data. There is no entitlement to a specific payment method. Your individually approved payment methods may differ from the standard payment methods of the respective delivery area.
4. The possibility of a discount deduction or direct debit does not exist.
5. For detailed information on payment terms, please refer to the delivery and payment offers of the respective online portal.

§ 7 Warranty:

In the event of a defect in the ordered goods, the statutory provisions of § 434 et seq. BGB apply.


§ 8 Haftung:

1. Bolivianita.de is only liable for intent and gross negligence.
2. Liability for simple negligence exists only for damages resulting from injury to life, body, or health, as well as for the violation of an essential contractual obligation (cardinal obligation). In the case of negligent violation of cardinal obligations, liability is limited to typical and foreseeable damages.
3. The legal representatives and vicarious agents of Bolivianita.de are not liable beyond what Bolivianita.de itself is liable for.
4. Bolivianita.de is not liable for the quality of delivery. The buyer agrees to check the contents of the delivered package in the presence of the supplier and to have any breakage damages acknowledged by him.

§ 9 Right of Withdrawal:

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Bolivianita.de c/o Susana de Peters, Comeniusplatz 5, 22087 Hamburg, Email: widerruf@bolivianita.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). We will promptly send you a confirmation (e.g. by email) of the receipt of your withdrawal.

To maintain the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the cancellation period.

Consequences of Withdrawal

If you revoke this contract, we will refund all payments we have received from you, excluding delivery costs, immediately and at the latest within fourteen days from the day we receive the notification of your revocation of this contract. When returning, please ensure that the package is sufficiently stamped. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed upon with you; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier date.

You must return the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to Bolivianita.de c/o Susana de Peters, Comeniusplatz 5, 22087 Hamburg. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods.

You are only liable for any potential loss in value of the goods if this loss in value is due to handling them in a manner that is not necessary for checking their nature, characteristics, and functioning.


Sample Withdrawal Form

If you want to revoke the contract, you can use the attached sample cancellation form, which is not mandatory.

An:
Bolivianita.de
Inh. Susana de Peters
Comeniusplatz 5
22087 Hamburg
Germany / Deutschland
Email address: widerruf@bolivianita.de


I/We hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
Ordered on (*)/received on (*): ________________________
Name of the consumer(s): ________________________
Address of the consumer(s): _____________________________________________
Signature of the consumer(s) (only for notification on paper): __________________
Date: _______________________
(*) Strike out what does not apply.

-End of the cancellation policy-

Sample withdrawal form in PDF format:
https://www.bolivianita.de/app/download/13512375523/Widerrufsformular.pdf

§ 10 Youth Protection:

The offer and sale of alcoholic beverages over the internet are permitted without age verification systems. You will be asked to confirm your legal age when ordering alcoholic beverages. Please note that you may be liable for damages in case of false information.

§ 11 Miscellaneous:

1. The business relationship between the customer and Bolivianita.de is governed by German law, excluding the UN Sales Convention; this also applies if the order is placed from a country other than Germany or delivered to a country other than Germany.
2. If one or more provisions are invalid, this shall not affect the validity of the remaining provisions.

§ 12 Online Dispute Resolution (ODR) EU Regulation:

From February 15, 2016, the EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order initially without involving a court.
The dispute resolution platform can be found at the external link http://ec.europa.eu/consumers/odr/ erreichbar.

Last updated: 11/16/2018